Image Credit: FILE PHOTO
September 27, 2016 - 2:30 PM
PENTICTON - A Summerland man can consider himself lucky to be facing intermittent jail time following sentencing on break and enter charges, according to a Penticton judge.
Jason William Gallant was sentenced to an intermittent jail sentence in Penticton court yesterday, Sept.26, on charges stemming from a March 2, 2016 incident in Summerland.
Judge Gregory Koturbash in handing down his sentence described case law where an accused under similar circumstances served a much longer jail term.
“You might consider this an unlucky day, but trust me it is your lucky day,” the judge said, citing a number of mitigating factors in Gallant's case that elicited a more lenient sentence.
Crown prosecutor Ann Lerchs told court Gallant was responsible for throwing a rock through the window of the Beanery Cafe in Summerland, entering the building before having a change of heart and quickly exiting.
Gallant told two witnesses a story in an attempt to deflect his own involvement in the incident, but on March 7 came forward to Summerland police and confessed his guilt.
Lerchs noted Gallant’s criminal past included six prior convictions for break and enter, but added a pre-sentence report was positive in describing Gallant’s remorse, his ongoing treatment for substance abuse and possibilities for rehabilitation.
She asked the judge for a three month jail sentence or a six month conditional sentence.
Defence counsel Kathyrn Lundman provided letters of recommendation for Gallant’s character, noting her client was willing to do whatever necessary to make amends, including paying restitution for the damage done.
The judge agreed the case had several factors in Gallant’s favour, including his early guilty plea, his cooperation with police and remorseful attitude, adding he was convinced Gallant was on the road to recovery.
But the judge also noted the area had been “hard hit by property crime" and said he wasn’t satisfied a conditional sentence met the aims of the court.
He ordered Gallant to a 90 day intermittent sentence to be followed by 18 months probation and a restitution order for $1,035 to pay for the repair to the Beanery Cafe window.
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